Elliott v. Flynn Bros.

The opinion of the Court was delivered by

Mr. Justice Boni-iam.

I am unable to agree wholly with the main opinion in this case. This I regret because I have for the ability and legal acumen of the writer thereof a very high regard.

The facts of the case are fully set out in his opinion, and I need not repeat them.

My disagreement rests mainly upon two grounds which, in my judgment, are fundamental principles of law in this jurisdiction, which it would be unwise to disturb. They are of prime importance to the business interests of the State. They are:

First. A tender to be effective must be for the…